Court No. - 12
Case :- APPLICATION U/S 482 No. - 4304 of 2005 Applicant :- Ram Das And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Sheo Ram Singh,Juned Alam Counsel for Opposite Party :- Govt. Advocate
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. has been filed for quashing the proceedings of Misc. Case No. 126 of 2004 (State Vs. Ram Das and others), under Section 340 Cr.P.C., Police Station Sewarahi, District Kushi Nagar, pending in the court of Judicial Magistrate Kasya, District Kushi Nagar.
It is submitted by learned counsel for the applicants that when the applicants came to know that the applicants are also sureties of another accused in the same case, they moved an application was moved before the court below to the effect that the surety bonds of the accused Smt. Ghogha Devi be cancelled and she may be permitted to furnish fresh surety bonds. The said application of the applicants was allowed but at the same time rejected the prayer of cancellation of the sureties bonds of the applicants and directed to register the misc. case against the applicants and vide order 15.12.2004, the trial court directed to register the misc. case under Section 340 Cr.P.C. against the applicants. In pursuance of the order dated 15.12.2004, notices were issued to the applicants vide order dated 27.2.2005.
I have gone through the record. I am of the opinion that the applicants have full opportunity to submit reply before the court below against the notices issued to them, therefore, no case for interference is made out.
Learned counsel for the applicants has prayed that a liberty may be given to the applicants to submit reply/discharge application to the notices issued to them before the court below and till the disposal of the same, no coercive action shall be taken against them.
Prayer is accepted.
Accordingly, liberty is given to the applicants to submit reply/discharge application to the notices issued to them before the court below within one month from today.
This application is disposed of with a direction to the court below that in case the applicants submit reply/discharge application to the notices issued to them within one month from today, the court below shall decide the same in accordance with law within next two months.
For a period of three months from today, no coercive action shall be taken against the applicants.
It is made clear that in case the applicants do not submit reply/discharge application before the court below within the aforesaid period, no further time shall be given to them.
Order Date :- 26.11.2018 Rmk.